Los Angeles Battery Defense Attorney

How Battery is Defined Under California Law

Under California Penal Code Section 242, battery is defined as the "willful
and unlawful use of force or violence upon the person of another."
You can be charged with battery even if your actions do not result in
injury to the victim. The prosecutor only needs to prove that you initiated
some form of unwanted physical or offensive contact in order to secure
a conviction. Battery as defined above is considered "simple battery."

There are several other types of battery, including:

Aggravated battery

Simple battery

Domestic battery

Sexual battery

Battery on a police officer

Arrested for battery? Don't wait to contact our firm!

Anyone who is facing battery charges in the state could be sentenced to
jail or prison time along with excessive fines, probation, and worst of
all, a permanent criminal record. If you have been charged with battery, or even
assault, you should not hesitate to speak with one of the Los Angeles criminal
defense lawyers at Stephen G. Rodriguez & Partners about your legal
options. With more than 70 years of combined legal experience, we are
well-equipped to provide the aggressive defense that you need.

Simple Battery – California Penal Code § 242

According to California Penal Code Section 242, battery, or "simple
battery," is defined as any willful and unlawful use of force or
violence against another person. The elements of this crime include:

The defendant's actions were willful and unlawful

The defendant used force or violence

The defendant's actions were directed at another person

Simple battery is a misdemeanor offense, which means that you could face
up to six months in county jail if you are convicted. You may also be
forced to pay a fine of up to $2,000 and/or complete community service.

Domestic Battery – California Penal Code § 243(e)(1)

According to California Penal Code Section 243(e)(1), domestic battery
is defined as any willful and unlawful touching that is harmful or offensive,
and is committed against any of the following parties:

The defendant's current or former spouse

The defendant's current of former fiancé

The defendant's current or former dating partner

The defendant's current or former cohabitant

The other parent of the defendant's child

Domestic battery is charged as a misdemeanor offense in the state of California,
which means that you could face up to one year in county jail if you are
convicted. You may also be forced to pay a fine of up to $2,000.

Aggravated Battery – California Penal Code § 243(d)

Under California Penal Code Section 243(d), aggravated battery, or "battery
with serious bodily injury," is defined as battery that results in
injury to the victim. The elements of this crime include:

The defendant committed battery against another person

The defendant caused serious bodily injury to the victim

Aggravated battery is a "wobbler" offense, which means that it
could be charged as a misdemeanor or felony. Penalties may include up
to four years in prison and $10,000 in fines if you are convicted of a felony.

Sexual Battery – California Penal Code § 243.4

According to California Penal Code Section 243.4, sexual battery is defined
as the unwanted touching of an intimate body part for sexual arousal,
gratification or abuse. Felony charges may apply if:

The victim was told that the touching was for medical purposes

The victim was unlawfully restrained during the act

The victim was medically incapacitated or seriously disabled

The victim was forced to engage in sexual acts while under duress

If convicted of misdemeanor sexual battery, you could face up to one year
in county jail and $2,000 in fines. If you are convicted of felony sexual
battery, you could face up to four years in prison and $10,000 in fines.

Battery on a Police Officer – California Penal Code § 243(b)

According to California Penal Code Section 243(b), battery on a police
officer is defined as intentional and unlawful touching, striking or hitting
or a police officer. The elements of this crime include:

Battery was committed against a peace officer or protected person

The peace officer was engaged in the performance of official duties

The defendant knew that the victim was a peace officer

The peace officer or protected person sustained an injury

Other protected individuals include firefighters, EMTs and school police.
The penalties may include up to three years in prison and $10,000 in fines
if the victim was injured. If there were no injuries, you could face one
year in jail.

Get Your Free Initial Consultation Today

At Stephen G. Rodriguez & Partners, we understand the importance of a strong
violent crime defense. We have provided successful representation in numerous battery
cases, ranging from simple bar fights to
sex offenses. We invite you to contact a criminal attorney in Los Angeles so that we
can fully inform you about your legal rights and options. From there,
we can thoroughly investigate and examine the facts related to your case,
gather all evidence that supports your defense, and work to ensure that
your defense rests on solid facts. Consult with us before speaking to
the police!